Section 5Versions

5.A peace officer who has reasonable grounds to believe that a person is contravening section 2 may, without a warrant, search that person and the person’s immediate environment, and seize any firearm in the person’s possession.

A firearm thus seized may be detained for a period of 90 days. At the end of that period it must be given back to the owner unless that person is not in compliance with the Firearms Act (Statutes of Canada, 1995, chapter 39) or detention of the firearm is required for legal proceedings.

When a person is found guilty of an offence under section 2, the judge may, on application by the prosecuting party, declare the seized firearm to be confiscated.

The provisions of articles 129 to 141 of the Code of Penal Procedure (chapter C-25.1) that relate to the custody, detention and disposition of things seized, and are complementary to and not incompatible with this section, apply with the necessary modifications.